The trend of strict liability: reflection on current trials for medical dispute lawsuits / 中华医院管理杂志

Existing laws in China indicate that the fault liability doctrine should be applied in tort lawsuits. However, there is currently the trend in the judicial field of applying strict liability with regard to medical institutions. Strict liability, realized chiefly through the reversal of the burden of relief, stresses the protection of the victims. By citing typical cases, the authors analyze the application of strict liability in medical malpractice disputes: ①Patients have no burden of relief on whether hospitals made errors in the harms brought about. ②There are limitations to reasons for hospitals to get exempted from liabilities; they cannot use reasonable care as pleas. ③The relationship between medical actions and patients' damages is presumed. The authors hold that although the use of strict liability may improve reasonable care by medical workers, yet when mature medical liability insurances are not in place, the application of strict liability in trials adds to the liability of medical institutions and their staff and cannot lead to genuine settlement of patient-doctor disputes. judicial institutions ought to apply strict liability in strict accordance with the law and avoid making compensations for patients at the compromise of judicial justice.

Discussion about judicial discretion in medical malpractice arbitration / 中华医院管理杂志

Results of medical malpractice arbitration are important evidence and proofs for public health departments and judicial institutions to handle properly disputes over medical accidents. Owing to the flaws that exist in the structure of medical malpractice arbitration, arbitration specialists sometimes find it difficult to accept the evidence and proofs. The author of the present paper suggests that judicial discretion be introduced in medical malpractice arbitration. When exercising judicial discretion, the specialists should comply with the following principles: (1)Review objectively the evidence and proofs provided by both the physicians and patients according to law. (2)Ensure neutral arbitration according to the ethics of arbitration. (3)Apply specialized knowledge, clinical experience and logical inference. (4)Make independent and lawful judgments and draw definite conclusions. Anyone who exercises judicial discretion should do so in the light of laws and regulations and bear corresponding legal responsibilities.

Amputation or Salvage-the Medical and Ethical Reflection on the Children with Lower Limbs Severe Injury / 中国医学伦理学

We often have to choosea between amputation and salvage after severe injuries in lower limbs of children.We have established the score scale and discriminatory equation in judging the severity of low limb injury in children.Through medical ethical analysis,the author makes a conclusion that the score scale and the discriminatory equation is valuable in determining severity of lower limbs injury in children.

The Investigation of Dialyzeer Reuse from Ethics / 中国医学伦理学

There existed conflictsin dialyzer reusing among medicine, economics and law in China. The author analyzed the causes and the problems of dialyzer reusing. In China, reusing dialyzer was determined by economical reason. The conclusions were draw that the dialyzer reusing would lessen the pressure of both patients and society, but it would increase the medical risks. Reusing dialyzer consisted with the principle of medical ethics.